Late notification of hearing date: applicant was unable to reply to opinion of advocate-general at Court of Cassation
Αn important decision on the right of the arrested or detained person to a speedy decision on the lawfulness of detention has issued on 22.10.2019 the European Court of Human Rights. According to Article 5(4) οf the European Convention of Human Rights, “everyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings by which the lawfulness of his detention shall be decided speedily by a court and his release ordered if the detention is not lawful”. Systematically the above provision is subject to the more general right to liberty and security (Article 5) In ECHR’s Chamber judgment in the case of Venet v. Belgium (application no. 27703/16) the Court held, unanimously, that there had been a violation of Article 5 § 4 of the European Convention on Human Rights. The case concerned proceedings in which the Applicant unsuccessfully challenged his pre-trial detention. He complained that he had been unable to attend the Court of Cassation’s hearing o